FEDERAL RAILROAD ADMINISTRATION : LEGISLATION, REGULATION & LITIGATION

-CITE-
49 USC Sec. 22102 01/26/98

-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART B - ASSISTANCE
CHAPTER 221 - LOCAL RAIL FREIGHT ASSISTANCE

-HEAD-
Sec. 22102. Eligibility

-STATUTE-
A State is eligible to receive financial assistance under this
chapter only when the State complies with regulations the Secretary
of Transportation prescribes under this chapter and the Secretary
decides that -
(1) the State has an adequate plan for rail transportation in
the State and a suitable process for updating, revising, and
modifying the plan;
(2) the State plan is administered or coordinated by a
designated State authority and provides for a fair distribution
of resources;
(3) the State authority -
(A) is authorized to develop, promote, supervise, and support
safe, adequate, and efficient rail transportation;
(B) employs or will employ sufficient qualified and trained
personnel;
(C) maintains or will maintain adequate programs of
investigation, research, promotion, and development with
opportunity for public participation; and
(D) is designated and directed to take all practicable steps
(by itself or with other State authorities) to improve rail
transportation safety and reduce energy use and pollution
related to transportation; and
(4) the State has ensured that it maintains or will maintain
adequate procedures for financial control, accounting, and
performance evaluation for the proper use of assistance provided
by the United States Government.

-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 895.)

-MISC1-

Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at
Large)
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22102 49 App.:1654(a). Oct. 15, 1966, Pub.
L. 89-670, 80 Stat.
931, Sec. 5(a);
added Feb. 5, 1976,
Pub. L. 94-210,
Sec. 803, 90 Stat.
130; Nov. 8, 1978,
Pub. L. 95-607,
Sec. 102-106(a),
107-109(a), 92
Stat. 3059, 3062;
Oct. 12, 1979, Pub.
L. 96-86, Sec.
115(b), 93 Stat.
662; Aug. 13, 1981,
Pub. L. 97-35, Sec.
1191, 1192, 95
Stat. 699; Jan. 14,
1983, Pub. L. 97-
468, Sec. 501, 96
Stat. 2551; Apr. 7,
1986, Pub. L. 99-
272, Sec. 4018, 100
Stat. 111; restated
Dec. 11, 1989, Pub.
L. 101-213, Sec.
2(a), (c), 103
Stat. 1843, 1844.
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In this section, before clause (1), the words ''and the Secretary
decides that'' are substituted for ''and the Secretary determines
that such State meets or exceeds the requirements of paragraphs (1)
through (4) of this subsection'' to eliminate unnecessary words.
In clauses (2) and (3), the word ''authority'' is substituted for
''agency'' for consistency in the revised title. In clause (2),
the word ''fair'' is substituted for ''equitable'' for consistency
in the revised title. In clause (3)(A), the words ''is
authorized'' are substituted for ''has authority and administrative
jurisdiction'' to eliminate unnecessary words. In clause (3)(B),
the words ''directly or indirectly'' are omitted as surplus. In
clause (4), the word ''adopt'' is omitted as being included in
''maintain''.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 22104 of this title; title
7 section 3703.